[2020] KEHC 4833 (KLR)
The court found that, following the Supreme Court's decision declaring the mandatory death sentence unconstitutional, the applicant was entitled to resentencing. Considering the circumstances of the offence, where a life was lost due to the applicant's unlawful act, and the period already spent in custody, the court...
Source-derived case information.
- Citation
- [2020] KEHC 4833 (KLR)
- Parties
- Applicant: Joseph Ragira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 22 of 2019
- Procedural Posture
- Constitutional Petition / Resentencing Ruling
- Outcome
- Applicant resentenced to 30 years' imprisonment from the date of sentence in the High Court.
- Judges
- REA Ougo
- Legal Topics
- Death Penalty, Resentencing, Supreme Court Jurisprudence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ragira
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Resentencing Ruling
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision declaring the mandatory death sentence unconstitutional.
- 2 What is the appropriate sentence in light of the period already spent in custody and the circumstances of the offence.
Ratio Decidendi
The court found that, following the Supreme Court's decision declaring the mandatory death sentence unconstitutional, the applicant was entitled to resentencing. Considering the circumstances of the offence, where a life was lost due to the applicant's unlawful act, and the period already spent in custody, the court determined that a sentence of 30 years' imprisonment from the date of the original sentence was appropriate. The court exercised its discretion to impose a term of years rather than the death penalty, in line with the new constitutional standards.
Court Disposition
Applicant resentenced to 30 years' imprisonment from the date of sentence in the High Court.
Orders
- The applicant is resentenced to 30 years' imprisonment from the date of sentence in the High Court.
- The applicant has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CONST. PETITION NO.22OF 2019
JOSEPH RAGIRA...............................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
RULING-RESENTENCING
The applicant seeks resentencing for having the Supreme Court decision that declared the death sentence unconstitutional.
The facts of the case are that the applicant stabbed the deceased who died instantly. A life was lost as a result of the unlawful acts of the applicant.
The applicant has been in custody from that time he was charged and was condemned to death. In light of the Supreme Court decisions that declared the death sentence unconstitutional, bearing in mind the circumstances of the case the period the applicant has spent in custody. I resentence him to a period of 30 years in jail from the date of sentence in the High Court. He has a right of appeal within 14 days.
Dated, signed and delivered at Kisii this 11th day of March 2020.
R.E. OUGO
JUDGE
In the presence of;
Applicant Joseph Ragira
Mr. Otieno Senior Prosecution Counsel office of the DPP
Ms. Rael Court Clerk